In general, Idaho is considered a landlord-friendly state. The state does not impose rent control, has minimal regulations on late fees and grace periods, and allows landlords broad discretion in setting lease terms. This flexibility makes Idaho an attractive option for property investors and landlords, particularly in cities like Boise, Meridian, and Idaho Falls.
Generally speaking, Idaho is regarded as a landlord-friendly state. The state has no rent control, has few regulations surrounding grace periods, late fees, and allows the landlords to set their lease terms relatively broadly. All of this flexibility lends itself to being an enticing option for property investors and or landlords alike, especially in cities like Boise, Meridian, Idaho Falls.
Idaho's rental laws can be found in the Idaho Statutes Title 6 (Chapter 3) and Title 55 (Chapters 3 & 20) but are subject to change. As such, this article provides only a general overview. Cities or counties can have their own ordinances related to housing, which can exceed state minimums. If you have any questions about Idaho's rental rules or are involved in a dispute with a tenant, it would be ideal to consult qualified Idaho real estate attorney.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.
NEW! 2025 Idaho Rental Laws
The following new rental laws passed in Idaho in recent years:
Prohibition of Local Rent Control (S1043): As of July 1, 2025, Idaho Senate Bill 1043 prohibits local jurisdictions from implementing rent control ordinances, allowing one method of limiting rents by ensuring rental rates are determined by market factors and no local jurisdiction can limit something before it meets natural market factors.
Idaho Quick Facts
Required Disclosures
Lead-based paint
Rent and Fees
Application Fees: Permitted Rent Control: N/A Late Fee Limit: N/A Grace Period Minimum: N/A
Rights and Responsibilities of Idaho Landlords and Tenants
Both Idaho landlords and tenants have specific rights and obligations under state law. The lease will lay out many of the terms, but Idaho statutes provide baseline protections that will apply regardless of the lease. Understanding your rights and obligations is important for ensuring a proper and lawful rental relationship.
Below is a brief overview of the rights and responsibilities of both landlords and tenants in Idaho:
Deduct from the security deposit for unpaid rent, damages beyond normal wear and tear, or cleaning costs, provided an itemized list is given within 21 days of lease termination.
Enter the rental unit for inspections, repairs, or showings with reasonable notice, typically at least 24 hours, unless the lease specifies otherwise.
Initiate eviction proceedings if a tenant fails to pay rent, violates lease terms, or engages in illegal activity.
Set and enforce lease terms regarding pets, guests, parking, and other conditions, as long as they comply with Idaho law.
Idaho landlords are responsible for:
Providing safe, habitable housing, including maintaining electrical, plumbing, heating, and sanitary facilities in good working condition.
Complying with all relevant codes for health, safety, and buildings at the local and state level.
Addressing maintenance and repair requests within a reasonable timeframe after receiving written notice from the tenant.
Following fair housing laws to ensure tenant screening and rental policies are non-discriminatory.
Following the legal process for evictions, ensuring no tenant is removed without a court order.
Returning the security depositwithin 21 days of lease termination, or within 30 days if agreed upon in the lease, along with an itemized list of any deductions.
Using the property as intended, avoiding unauthorized business operations or unapproved uses.
Idaho Required Disclosures
Mandatory disclosures are details that landlords in Idaho must provide to their tenants either before or at the time of the lease. These disclosures typically refer to health hazards, procedures for safety, and the roles of the managers of the property.
Currently, there is only one disclosure explicitly required in Idaho:
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the lease agreement for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Idaho does not have rent control laws, but the state has some important laws concerning rent payments, fees, and tenant remedies. For example, landlords must follow their lease terms when they raise the rent. The landlord can also only charge a reasonable fee for a bounced check. Tenants also have a right to sue if a landlord fails to provide essential maintenance services.
Below are the most important rent and fee laws, which landlords in Idaho should know.
Rent Payments
Rent Due Date: There is no statute in Idaho law specifying when tenants should pay rent. Idaho landlords should indicate the rent due date in the lease agreement for the rental property.
Grace Period: There is no mandatory grace period in Idaho.
Fees
Late Fees: There is no statutory limit on late fees in Idaho.
Application Fees: Rental application fees are not regulated in Idaho. In fact, in February of 2022, the Idaho House of Representatives passed a bill (HB 442) that would add application fees and deposits to the existing rent control ban, meaning that local governments may not enact ordinances that regulate them.
NSF/Bounced Check Fee Maximum: If an Idaho tenant’s rent check bounces, the landlord may charge 12% interest and a fee of $20 or the face amount of the check, whichever is lesser. (Idaho Code 28-22-105).
Tenant Remedies
Withholding Rent/Repair and Deduct: As per Idaho renting laws, tenants are not permitted to withhold rent payments or use any repair and deduct remedy. However, tenants can sue their landlord for failure to make necessary repairs after providing a 3-day notice.
Idaho Security Deposit Laws
Almost every state has laws regulating how security deposits must be handled by landlords, and Idaho is no exception. The regulations explain the allowable amount of a security deposit, how a landlord must hold the deposit, the time frame a landlord has to return a security deposit after a lease, and what the landlord is allowed to deduct from the deposit.
Below is a summary of Idaho's rules on security deposits:
Deposit Limit: There is no limit on security deposits in Idaho.
Interest: Landlords in Idaho are not required to pay interest on security deposits.
Return Within: 30 days maximum; 21 days if the rental agreement does not specify the return period (ID Code § 6-321(2)).
Deposit Location: If the rental property is managed by a third-party, security deposits must be kept in a separate bank account at a federally insured financial institution (ID Code § 6-321(4)).
Withholding: Landlords may withhold funds from the security deposit for reasons specified in the lease agreements. No deductions may be made for normal wear and tear (ID Code § 6-321(1)).
Idaho Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
In Idaho, tenants are protected from unfair housing practices by federal law. The Federal Fair Housing Act (Title 24 USC § 3601–3607) makes discrimination illegal in nearly every step of the housing process. Discrimination occurs when landlords apply a protected characteristic of a tenant to determine:
Accepting and denying applications for rental units
Advertising or describing available rental units
Rental amounts and deposits, or lease terms and conditions
Discounts, incentives, or lease renewal
Maintenance, or request to repair
Enforcing a rule differently
Evicting or not renewing a lease
etc.
What classes are protected in Idaho?
The Fair Housing Act prohibits landlords from discriminating against tenants based on:
Race
Color
Religion
Sex
National origin
Familial status
Disability
Idaho law does not specify additional protected classes, other than what is required by federal law. However, landlords must comply with federal laws in their entirety. There may be municipal fair housing protections in certain cities, such as in Boise where you cannot discriminate against someone on the basis of sexual orientation or gender identity. Make sure to review local ordinances, or seek legal advice for accurate guidance.
Use of Credit Reports
Idaho landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify prospective tenants when their credit score or history was the reason for their denial.
Use of Criminal Histories
Criminal background checks may be used during tenant screening in Idaho. Idaho landlords should follow the Idaho Landlord and Tenant Manual for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Idaho does not have laws regarding landlord entry, but best practices suggest providing tenants with reasonable notice before occupying the property. Generally, landlords provide tenants with 24 hours' notice before entering a rental unit. These standards help protect tenants' privacy and provide a setting where quality landlord-tenant relationships can thrive.
Below is a summary of what landlord entry should look like in Idaho and customs around notice, time and emergencies:
Advanced Notice: There is no law in Idaho requiring landlords to give advanced notice before entering. However, it is custom for landlords in Idaho and other states to provide tenants with reasonable notice before entering, typically around 24 hours.
Permitted Times: Idaho state law does not designate any time-of-day restrictions for entering.
Emergency Entry: There are no laws in Idaho regarding emergency entry without notice.
Idaho Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. When pursuing the eviction process, landlords must provide written notice as specified below and adhere to the Fair Housing Act and other Idaho laws on eviction. Before pursuing eviction in Idaho, consider hiring an experienced real estate attorney and be sure to review the Idaho eviction process in more detail.
Rent Demand Notice: 3 days to pay or quit (Idaho Code § 6-303(2)). This notice applies when the tenant has unpaid rent past any grace period.
Lease Violation Notice (Committing Waste/Subletting Without Permission): 3 days to quit. This notice applies when the tenant commits waste (severe property damage or destruction) on the premises. No cure period is necessary (Idaho Code § 6-303(4)).
Unconditional Notice to Quit: Immediate. According to eviction laws in Idaho, this notice applies when the tenant engages in the delivery, production, or use of a controlled substance on the premises (Idaho Code § 6-303(4-5)).
Squatters are people who occupy a property without the permission of the owner, or without a lease. In Idaho, once you find a squatter on your property, you have to go through a formal eviction process to remove them. In other words, you would go through an eviction process just like you would to remove a tenant. You cannot remove the squatter by locking them out, turning off the utilities, or scaring them off.
Under Idaho law, property owners can gain lawful removal of squatters through the legal system, similar to an eviction. If the squatter has occupied the property for an extended period, they may attempt to take legal ownership through adverse possession. However, this is extremely rare, and is only allowed under strict conditions. According to Idaho Code § 5-210, the squatter must:
Have possession of the property continuously and publicly for 20 years.
Hold the property hostilely (without the owner's consent).
Possess and treat the property as that of their own, and make improvements/maintenance over the years.
If you find an unauthorized occupant on your property, you should take action immediately. Before attempting to remove a squatter from your property, you should always consult with an experienced Idaho attorney to determine the best course of action, and to ensure you take proper measures to avoid liability.
The average rent rate in Idaho according to Zillow is $1,550 per month.
The average rent rate according to Zillow in Boise is $1,595.
In the City of Boise, an apartment rental application fee may not exceed the actual cost of screening or $30, whichever is lower (cityofboise.org).
Conclusion
Idaho's rental laws seek a balance between protecting the rights of landlords and protecting the rights of tenants. The state of Idaho allows landlords to be flexible in areas such as timing of notice for entry and rent adjustments, it has certain important rules for landlords to follow regarding security deposits, suitable living conditions, and discrimination. Being aware of Idaho's landlord-tenant laws enables property owners to maintain their legal standing and avoid potential legal pitfalls while running a successful rental business.
FAQs
Is Idaho a landlord-friendly state?
Yes, Idaho is widely considered a landlord-friendly state. There are no rent control laws, no statutory limits on security deposits or late fees, and minimal restrictions on entry or lease terms.
Can landlords in Idaho refuse tenants with housing vouchers?
Yes. As of 2025, Idaho law does not prohibit landlords from refusing tenants based on source of income. Landlords are not legally required to accept Section 8 or other housing assistance vouchers unless they’ve signed a contract with a public housing agency.
How much can a landlord charge for a security deposit in Idaho?
There is no legal limit on how much a landlord can charge for a security deposit in Idaho. However, any amount withheld must be justified with an itemized statement upon lease termination, and the remaining funds must be returned within 21 days (or 30 days if stated in the lease).
How much notice must a landlord give before entering a unit?
Idaho law does not specify a required notice period for landlord entry. However, best practice is to provide at least 24 hours' notice for non-emergency access, such as inspections or repairs.
What protected classes are covered under Idaho fair housing laws?
Under federal law, tenants are protected from discrimination based on race, color, religion, national origin, sex, disability, and familial status. Idaho state law does not add any additional protected classes beyond the federal Fair Housing Act.
Can Idaho tenants withhold rent or make repairs and deduct from rent?
No. Idaho law does not allow tenants to withhold rent or use rent to cover repairs. Instead, tenants must give 3 days' written notice to the landlord and may then file a legal action for damages.
